Pre Trial Detention In The European Union
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Pre Trial Detention In The European Union
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Author : A. M. van Kalmthout
language : en
Publisher:
Release Date : 2009
Pre Trial Detention In The European Union written by A. M. van Kalmthout and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Detention of persons categories.
European Perspectives On Pre Trial Detention
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Author : Christine Morgenstern
language : en
Publisher: Taylor & Francis
Release Date : 2023-09-15
European Perspectives On Pre Trial Detention written by Christine Morgenstern and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-09-15 with Law categories.
High levels of remand or pre-trial detention (PTD) is a matter of growing concern in many countries, and at a European level. Despite being responsible for a significant part of the prison population, PTD practice is rarely the focus of criminological and criminal justice research. This book examines pre-trial detention practices and different ways of reducing its use across Europe. Offering a range of country-specific studies, this book also offers comparative studies of major issues across the continent. In particular, this book illustrates and examines how the actors (judges, public prosecutors, defence lawyers) work in pre-trial proceedings and make decisions; the common challenges in PTD decision-making; the factors which explain higher and lower rates of PTD across Europe; similarities and differences in practice; and the ways in which cross-border cases in Europe influence policy and practice. Offering suggestions and recommendations for how to bring down the use of PTD in Europe, this book is essential reading for all those engaged with European penal research and practice.
Pre Trial Detention In The Netherlands
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Author : J. H. Crijns
language : en
Publisher:
Release Date : 2016
Pre Trial Detention In The Netherlands written by J. H. Crijns and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Detention of persons categories.
The use of pre-trial detention has been criticized and debated frequently in Europe, and especially in the Netherlands. Questions are raised whether pre-trial detention is used too often and whether the practice of pre-trial detention is in line with standards set by the ECtHR. This research on pre-trial detention in the Netherlands is part of a broader EU wide research project on the application of pre-trial detention in a selected number of EU member states. Goal of the research project is collecting information on the legal framework on pre-trial detention and its application in practice in a selection of member states. This in order to inform the debate on the European level on the necessity of EU-legislation in this field. The research findings are based on questionnaires filled in by defence lawyers, observing pre-trial detention hearings, reviewing case files of closed cases and inter views with judges and prosecutors. The main conclusion of the Dutch research is that the Dutch legislation on pre-trial detention generally is in conformity with European standards. However, the practice of applying pre-trial detention falls somewhat short of these standards; especially the high percentage of pre-trial detention being ordered, the limited reasoning of decisions and the infrequent use of alternatives to pre-trial detention are noteworthy. (Series: Meijers Research Institute and Graduate School of the Leiden Law School of Leiden University) [Subject: Criminal Law and Procedure]
Human Rights And Pre Trial Detention
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Author : United Nations Centre for Human Rights
language : en
Publisher: New York and Geneva : United Nations
Release Date : 1994
Human Rights And Pre Trial Detention written by United Nations Centre for Human Rights and has been published by New York and Geneva : United Nations this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with Law categories.
Liberty And Security In Europe
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Author : Stefano Ruggeri
language : en
Publisher: V&R unipress GmbH
Release Date : 2012
Liberty And Security In Europe written by Stefano Ruggeri and has been published by V&R unipress GmbH this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Law categories.
Over recent years, most of the criminal justice systems in Europe have witnessed a tendency to enhance the role of pre-trial inquiries. Different kinds of pre-trial measures have had a heavy impact on the fundamental rights of individuals involved in criminal procedures. This book contains a comparative study of four European countries on pre-trial precautionary measures limiting personal liberty. This comparison is part of two general frameworks concerning the ECtHR case-law and the EU legislation in the field of the right to liberty and security. In its two level approach, the book provides a critical guide for understanding the most significant changes which occurred in the area of liberty and security in the pre-trial phases of criminal proceedings as well as the protection systems developed in Europe both at national and supranational level to face the new challenges of the modern criminal investigation.
Offender Supervision In Europe
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Author : F. McNeill
language : en
Publisher: Springer
Release Date : 2013-11-26
Offender Supervision In Europe written by F. McNeill and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-11-26 with Social Science categories.
Offender supervision in Europe has developed rapidly in scale, distribution and intensity in recent years. However, the emergence of mass supervision in the community has largely escaped the attention of legal scholars and social scientists more concerned with the mass incarceration reflected in prison growth. As well as representing an important analytical lacuna for penology in general and comparative criminal justice in particular, the neglect of supervision means that research has not delivered the knowledge that is urgently required to engage with political, policy and practice communities grappling with delivering justice efficiently and effectively in fiscally straitened times, and with the challenges of communicating the meaning, legitimacy and utility of supervision to an insecure public. This book reports the findings from a survey of European research on this topic, undertaken during the first year of a European research network that spans twenty countries. As such, it provides the first comprehensive review of research on offender supervision in Europe, opening up an important new field of enquiry for comparative social science, and offering the prospects of better informed democratic deliberation about key challenges facing contemporary justice systems, policymakers and practitioners, and the societies they seek to serve.
Preventive Detention
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Author : Stanislaw J. Frankowski
language : en
Publisher: BRILL
Release Date : 2022-05-09
Preventive Detention written by Stanislaw J. Frankowski and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-05-09 with Law categories.
Arbitrary arrest and detention have been the most consistent violations of fundamental individual human rights throughout history. The world's major criminal justice systems reveal the historical struggle between monarchs and dictators on the one hand, and advocates of the supremacy of the rule of law on the other. This struggle has been over the power to arbitrarily arrest and detain persons whether they be accused of common or polical crimes. Preventive Detention: A Comparative and International Law Perspective seeks to reconcile theory and practice by selecting studies representing different legal systems, thus advancing the multi-disciplinary understanding of the application of international and regional human rights norms in criminal justice systems.
Mutual Recognition Of Judicial Decisions In European Criminal Law
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Author : Libor Klimek
language : en
Publisher: Springer
Release Date : 2016-12-09
Mutual Recognition Of Judicial Decisions In European Criminal Law written by Libor Klimek and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-09 with Law categories.
This book examines the mutual recognition of judicial decisions in European criminal law as a cornerstone of judicial co-operation in criminal matters in the European Union. Providing comprehensive content and combining theoretical and practical aspects, it covers all of the major issues surrounding mutual recognition. The book analyses its definition, genesis, principles, case law, implementation and evaluation. Special attention is given to mutual recognition measures, namely European arrest warrant (i.e. surrender procedure), mutual recognition of custodial sentences, and measures involving deprivation of liberty, mutual recognition of probation measures and alternative sanctions, mutual recognition of financial penalties, mutual recognition of confiscation orders, the European supervision order in pre-trial procedures (i.e. mutual recognition of supervision measures as an alternative to provisional detention), the European investigation order (i.e. free movement of evidence), and the European protection order (i.e. mutual recognition of protection orders). Instead of focusing solely on a criminal law approach, the book also considers the subject from the perspectives of European Union law and International criminal law.
Procedural Rights And Detention Conditions
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Author : Wouter van Ballegooij
language : en
Publisher:
Release Date : 2017
Procedural Rights And Detention Conditions written by Wouter van Ballegooij and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with categories.
Despite the significant EU action and cooperation that has taken place, the rights and detention conditions of those suspected of committing a crime and serving a sentence in the Member States continue to fail to live up to international and EU standards. Judicial cooperation within the EU is not yet fully adapted to this reality, it operates in absence of an EU mechanism monitoring Member States' compliance with practical fundamental rights and lacks specific guidance for alleged violations. EU legislation on suspects' rights is limited to setting common minimum standards. Even so, there are already indications of shortcomings concerning key rights to a fair trial, such as the right to interpretation, translation, information and legal assistance during questioning by the police. Furthermore, certain areas have not been comprehensively addressed, such as pre-trial detention, contributing to prison overcrowding in a number of EU Member States. The outstanding divergent levels of protection also create discrimination between EU citizens. Criminal justice systems remain inefficient and fail to achieve the aims of convicting and rehabilitating the guilty, while protecting the innocent. This impacts on the individuals concerned, in terms of a denial of their rights and material and immaterial damage; on their families; and on Member States' societies more generally. The gaps and barriers identified also have substantial cost implications. Finally, this study assesses the added value of a number of options for EU action and cooperation to contribute to closing these gaps and taking further steps to ensure the effective protection of the rights of suspects and detained persons.
The Principle Of Mutual Trust In Eu Criminal Law
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Author : Auke Willems
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-02-11
The Principle Of Mutual Trust In Eu Criminal Law written by Auke Willems and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-11 with Law categories.
This book develops a conceptual framework of the principle of mutual trust in EU criminal law. Mutual trust is a household term in the EU criminal law vocabulary and is widely regarded to be a prerequisite for a successful application of mutual recognition. But despite its importance, the parameters of the concept are not clear. The book demonstrates that mutual trust is multi-faceted: combining the elements essential to a successful EU criminal law, as part of the Area of Freedom, Security and Justice. The book approaches trust from multiple angles. First, a study of social science literature. Second, a meticulous assessment of mutual trust in EU criminal law. Third, a study of trust in US interstate criminal justice cooperation. Finally, the book identifies a comprehensive approach to tackle trust related difficulties in EU criminal law. This timely book will be of great interest to anyone looking to gain a full picture of this core principle in EU criminal law.